Define: Equitable Lien

An equitable lien is a legal remedy that allows a claimant to assert a secured interest in property to secure the payment of a debt or obligation. Unlike a conventional lien arising from a contract or statute, an equitable lien is imposed by a court of equity to prevent unjust enrichment or to enforce equitable principles. It arises when a court determines that fairness and justice require the claimant to have a security interest in the property, even if there is no express agreement to that effect. Equitable liens can be imposed on real or personal property and are typically enforced through court orders directing the sale or transfer of the property to satisfy the debt or obligation.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.